High CourtsSingle Bench

Pawan Kumar vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 8 December 2008 · Citation: (2009) 5 RCR(Criminal) 883

HON’BLE JUDGES
Ajai Lamba, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Section 21
RESULT
Allowed
CASE NUMBER
Criminal Misc.25803-M of 2008
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Judgment

5 paragraphs · 147 words

Ajai Lamba, J.—This petition u/s 439, Code of Criminal Procedure, seeks bail in FIR No. 72 dated 3.3.2005 u/s 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station, Sadar Muktsar.

2.

Learned counsel for the petitioner contends that the petitioner is handicapped with permanent disability is to the tune of 50%. The petitioner was on bail, however, due to unavoidable circumstances, he could not appear on the scheduled date i.e. 4.3.2008. The counsel had been requested to file an application for exemption from personal appearance which, however, was not filed. The petitioner is, now, in custody since 7.8.2008. Criminal Misc.25803-M of 2008 2.

3.

Learned counsel for the respondent-State has pointed out that the drugs recovered were non-commercial.

4.

Considering the totality of facts and circumstances of the case, the petition is allowed.

5.

Bail to the satisfaction of trial Court, Muktsar. Heavy surety.